Author(s): Dita Deviyanti and I Nyoman Bagiastra

Abstract: The aim of this article is to provide an understanding of the regulation of criminal liability for cases of sexual violence in Indonesia and to examine criminal liability by perpetrators of sexual violence who suffer from fetishistic disorders. The method used in this study uses legal studies with a normative juridical type, with a statutory approach in order to discuss legal issues in this journal. This study found that in essence the regulation of criminal liability for cases of sexual violence in Indonesia is regulated in the Criminal Code and the TPKS Law. However, the Criminal Code does not specifically mention sexual violence but is regulated by the term obscene acts. Furthermore, regarding criminal liability by perpetrators of sexual violence who suffer from fetishistic disorders, it has not specifically been regulated either in the Criminal Code or the TPKS Law. Therefore, it needs to be specifically regulated in the form of an article regarding criminal sanctions for perpetrators of criminal acts of sexual violence who suffer from fetishism. This is needed to provide a sense of justice for the victim and make it clear that even if the perpetrator suffers from a psychological disorder in the form of fetishism, this does not mean that the criminal act that has been committed will be erased. Therefore, criminal acts of sexual violence against people with fetishism need to be criminalized in a form that is specifically regulated in the TPKS Law.

Pages: 112-115 | Views: 49 | Downloads: 18

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